Google Didn’t Show Bias in Filtering Campaign-Ad Pitches, FEC Says
John D. McKinnon
https://www.wsj.com/articles/google-didnt-show-bias-in-filtering-campaign-ad-pitches-fec-says-11673918655?mod=hp_lead_pos4

GOP committees cited an academic article to claim Google’s spam filters were 
designed to benefit Democrats

WASHINGTON—The Federal Election Commission has dismissed a complaint from 
Republicans that Google’s Gmail app aided Democratic candidates by sending GOP 
fundraising emails to spam at a far higher rate than Democratic solicitations. 

The Republican National Committee and others contended that the alleged benefit 
amounted to unreported campaign contributions to Democrats. But in a letter to 
Google last week, the FEC said it “found no reason to believe” that Google made 
prohibited in-kind corporate contributions, and that any skewed results from 
its spam filter algorithms were inadvertent. 

“Google has credibly supported its claim that its spam filter is in place for 
commercial reasons and thus did not constitute a contribution” within the 
meaning of federal campaign laws, according to an FEC analysis reviewed by The 
Wall Street Journal. 

The Republican National Committee, the National Republican Senatorial Committee 
and the National Republican Congressional Committee complained to the FEC last 
year, citing an academic study that showed that nearly 70% of emails from 
Republican candidates were sent to spam compared with fewer than 1 in 10 from 
Democrat candidates from 2019 to 2020. 

The RNC and other campaign committees argued that Google’s “overwhelmingly 
disproportionate suppression of Republican emails” constituted an illegal 
corporate contribution to Democratic candidates.  

But the FEC disagreed, finding that Google established that it maintains its 
spam filter settings to aid its business in keeping out malware, phishing 
attacks and scams, and not for the purpose of benefiting any political 
candidates. 

The FEC said it was closing its file, according to a letter from agency lawyers 
to Google. 

“The Commission’s bipartisan decision to dismiss this complaint reaffirms that 
Gmail does not filter emails for political purposes,” said Google spokesman 
José Castañeda. “We’ll continue to invest in our Gmail industry-leading spam 
filters because, as the FEC notes, they’re important to protecting people’s 
inboxes from receiving unwanted, unsolicited, or dangerous messages.” 

The academic study cited by the GOP committees was conducted by North Carolina 
State University and determined that for one baseline group, Gmail marked 67.6% 
of emails from Republican candidates as spam compared with 8.2% of emails from 
Democratic candidates, the FEC noted.

But the FEC also noted that the academic study stated that its authors had no 
reason to believe there were deliberate attempts by any of the email services 
studied to create biases to influence voters.

“Though the NCSU Study appears to demonstrate a disparate impact from Google’s 
spam filter, it explicitly states that its authors have ‘no reason to believe 
that there were deliberate attempts from these email services to create these 
biases to influence the voters,’” the FEC said. 

Write to John D. McKinnon at [email protected]

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